UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 07-7497

UNITED STATES OF AMERICA,

Plaintiff - Appellee,
versus
LAMONT HENDERSON,
Defendant - Appellant.

Appeal from the United States District Court District for the
District of South Carolina, at Anderson. Henry M. Herlong, Jr.,
District Judge. (8:03-cr-00614-HMH; 8:07-cv-70066-HMH)

Submitted:

December 20, 2007

Decided:

December 28, 2007

Before MICHAEL and KING, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Lamont Henderson, Appellant Pro Se. Alan Lance Crick, Assistant

United States Attorney, Greenville, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:
Lamont Henderson seeks to appeal the district courts
order denying relief on his 28 U.S.C. 2255 (2000) motion.

The

order is not appealable unless a circuit justice or judge issues a

certificate of appealability.

28 U.S.C. 2253(c)(1) (2000).

certificate of appealability will not issue absent a substantial

showing of the denial of a constitutional right.

2253(c)(2)(2000).

demonstrating

that

prisoner

reasonable

satisfies

jurists

this

would

28 U.S.C.
standard

find

that

by
any

assessment of the constitutional claims by the district court is

debatable or wrong and that any dispositive procedural ruling by
the district court is likewise debatable.

Miller-El v. Cockrell,

537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484
(2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001).

We have

independently reviewed the record and conclude that Henderson has

not made the requisite showing. Accordingly, we deny a certificate
of appealability and dismiss the appeal.

We dispense with oral

argument because the facts and legal contentions are adequately

presented in the materials before the court and argument would not
aid the decisional process.

DISMISSED

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